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5 Written questions

..., (civil law) a law established by following earlier judicial decisions

A cause and effect relationship in which one variable controls the changes in another variable.

voluntarily and knowingly subjecting oneself to danger

an evidentiary rule that a written contract cannot be modified or changed by prior verbal agreements

Licensees are people who enter the land with permission, but without any purpose of conferring circumstantial benefits to landowner: usually a social guest or solicitor.

Possessors owe licensees reasonable prudence. A duty is triggered when a condition is concealed, and when the condition is known to the defendant: possessor must protect licensees from all known traps on the land.

5 Matching questions

American Rule

Non-Culpable

Burden of Proof

Sovereign Immunity

Apparent Authority

aThe obligation to present evidence to support one's claim

bThe appearance or the assumption of authority based on the actions, words, or deeds of the principal or because of circumstances the principal created.

cnot deserving blame

dwhere each party pays their own fees

ean exemption that precludes bringing a suit against the sovereign government without the government's consent

5 Multiple choice questions

Breach of contract important enough to excuse the non-breaching party from performing any contractual obligations.

Material Breach

Unilateral Mistake

American Rule

Breach

State law requires certain instruments, such as deeds, real estate sales contracts and certain leases, to be in writing to be legally enforceable

Certainty of Terms

Statute of Limitations

Statutory Law

Statute of Frauds

The authority of an agent specifically told or written to them by the principal

Act of God

Mutual Assent

Forseeability

Actual Authority

a business owned and controlled by one person.

Trespasser

Cost Conditions

Sole Proprietor

Trial Process

A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions.

Compensatory Damages

Objective Theory of Contracts

Obligation to Mitigate

Intent of Parties

5 True/False questions

Agent → a deliberate deception intended to produce unlawful gain

True False

Duress → a representative who acts on behalf of other persons or organizations

True False

Unconscionability → Unconscionability is generally not a defense against enforcement. Unconscionability can be substantive, i.e. the terms are unfair, or procedural, i.e. the process was unfair.

True False

Indemnification → A cause and effect relationship in which one variable controls the changes in another variable.

True False

Act of God → a natural and unavoidable catastrophe that interrupts the expected course of events